Free Order (PLRA) Missing Documents - District Court of Delaware - Delaware

Case 1:06-cv-00632-JJF D0cument5 Filed 10/19/2006 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN SMITH )
Plaintiff, ;
v. § Civil Action No. 06-632 JJF
CITY OF WILMINGTON, g
UNNAMED WPD DETECTIVE, )
UNNAMED AUSA FOR DISTRICT OF DE, )
DISTRICT COURT OF DE, )
UNNAMED ATFE AGENT, 0)
Us MARsHAL, )
Defendants. g
FILING FEE ORDER
l. The plaintiff Ivan Smith, SBI # 204884, a prg sg
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee.
2. Consistent with 28 U.S.C. § l9l5(a)(l), the
plaintiff has submitted an affidavit stating that he has no
assets with which to prepay the filing fee. Based on the
plaintiff’s affidavit, his request to proceed in fgrma pauperis
is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(l), the plaintiff shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, the plaintiff shall submit to the Clerk of Court, a

Case 1:06-cv-00632-JJF Document 5 Filed 10/19/2006 Page 2 of 3
certified copy of his trust fund account statement (memorandum or
institutional equivalent, with attachments) showing all deposits,
expenditures and balances during the six-month period immediately
preceding the filing of the complaint, obtained from the
appropriate official at the institution at which the plaintiff is
r confined. FAILURE OF THE PLAINTIFF TO RETURN THE REQUESTED
INFORMATION WITHIN 30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL
RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE.
4. Unless the Court determines from the plaintiff's
financial information that he has no assets whatsoever, an
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiff’s average monthly deposit or average monthly
balance in the trust fund account shall be required to be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYMENT MADE, THE COURT SHALL DISMISS THE CASE IF THE COURT
DETERMINES THAT THE ACTION IS FRIVOLOUS OR MALICIOUS, FAILS TO
STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED, OR SEEKS MONETARY
RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
5. Pursuant to 28 U.S.C. § l9l5(g), if the plaintiff
has had three or more actions dismissed by the Court on the
grounds that they were frivolous, malicious, or failed to state a
claim upon which relief may be granted, then the Court shall deny
the plaintiff leave to proceed ip fpgma pauperis in all future
suits filed without prepayment of the filing fee, unless the
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Case 1:06-cv—00632-JJF Document 5 Filed 10/19/2006 Page 3 013
Court determines that the plaintiff is under imminent danger of
serious physical injury. `
""( 1 A .
DATED: (CL ‘ 1 !’;aA.»- -
United S adei District ;‘dge
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